Journal of Civil Law Studies Volume 1 Number 1 Civil Law Workshop Article 11 Robert A. Pascal Series Revisiting the Distinction Between Persons and Things 2008 Complete V.1 Follow this and additional works at: https://digitalcommons.law.lsu.edu/jcls Part of the Civil Law Commons Repository Citation Complete V.1, 1 J. Civ. L. Stud. (2008) Available at: https://digitalcommons.law.lsu.edu/jcls/vol1/iss1/11 This Complete Issue is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Journal of Civil Law Studies by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. JCLSCov8.5x11:Layout 1 12/23/08 9:07 AM Page 1 Journal of Civil Law Studies Volume 1 2008 Civil Law Workshop Robert A. Pascal Series Revisiting the Distinction Between Persons and Things I Avant-Propos ............................................................................................ Olivier Moréteau I The Distinction Between Persons & Things: An Historical Perspective .................. J.-R. Trahan I Is the Name Property? Comparing the English and the French Evolution ...... Audrey Guinchard I Analyzing Property in Different Societies .............................................. Jacques Vanderlinden I Human Embryo, Animal Embryo, Chimerical Embryo: What Legal Status in French Law? .............................. Laurence Brunet & Sonia Desmoulin I The Valladolid Controversy Revisited: Looking Back at the Sixteenth-Century Debate on Native Americans While Facing the Current Status of Human Em bryos ................................................................ Agustín Parise I The Protection of Genetic Identity ........................ Laura Maria Franciosi & Attilio Guarneri I Rethinking Civil-Law Taxonomy: Persons, Things, and the Problem of Domat’s Monster ...................................................................... Eric H. Reiter I Robert Anthony Pascal: Writings About Law, 1937-2008 JOURNAL OF CIVIL LAW STUDIES Volume 1 – 2008 Editor-in-Chief Olivier Moréteau Russell B. Long Eminent Scholars Academic Chair Director, Center of Civil Law Studies, Louisiana State University, USA Honorary Director, Edouard Lambert Institute of Comparative Law, University Jean Moulin, Lyon, France Managing Editor Agustín Parise Research Associate, Center of Civil Law Studies, Louisiana State University, USA University of Buenos Aires, Argentina Board of Editors Stathis Banakas Norwich Law School, University of East Anglia, United Kingdom Silvia Ferreri Faculty of Law, University of Turin, Italy James R. Gordley Tulane University Law School, USA David W. Gruning College of Law, Loyola University New Orleans, USA Nicholas Kasirer Faculty of Law, McGill University, Canada Pnina Lahav Boston University School of Law, USA Ulrich Magnus Faculty of Law, University of Hamburg, Germany Barbara Pozzo Faculty of Law, University of Insubria, Como, Italy Francisco Reyes Faculty of Law, University of the Andes, Colombia Jan M. Smits Faculty of Law, University of Tilburg, The Netherlands Fernando Toller Faculty of Law, Austral University, Argentina Jacques P. Vanderlinden Faculty of Law, Free University of Brussels, Belgium Faculty of Law, University of Moncton, Canada Michael L. Wells University of Georgia School of Law, USA Graduate Editors Helena Abebe Liliana Noriega Tatiana Vorobieva M a t í a s A r g a r a t e A n d r e w N y o m b i Executive Secretary Jennifer Lane Coordinator, Center of Civil Law Studies, Louisiana State University, USA JOURNAL OF CIVIL LAW STUDIES (ISSN 1944-3749) Published by the Center of Civil Law Studies, Paul M. Hebert Law Center, Louisiana State University. © December 2008, Center of Civil Law Studies The JCLS welcomes submissions for Articles, Notes, Comments, Essays, Book Reviews, and General Information. Unless otherwise agreed, contributions should have been neither published nor submitted for publication elsewhere. All contributions will be subject to a critical review by the Editors, and will be subjected to peer-review. Editorial comunication and books for review should be addressed to the editor-in-chief, and sent to our editorial offices. Editorial offices: Paul M. Hebert Law Center Center of Civil Law Studies W326A Law Center Baton Rouge, LA 70803-1000 [email protected] www.law.lsu.edu/jcls JOURNAL OF CIVIL LAW STUDIES _________________________________________________________________________________ Volume 1 – 2008 _________________________________________________________________________________ CONTENTS Civil Law Workshop Robert A. Pascal Series Revisiting the Distinction between Persons and Things Avant-Propos Olivier Moréteau 1 The Distinction Between Persons & Things: An Historical Perspective J.-R. Trahan 9 Is the Name Property? Comparing the English and the French Evolution Audrey Guinchard 21 Analyzing Property in Different Societies Jacques Vanderlinden 61 Human Embryo, Animal Embryo, Chimerical Embryo: What Legal Status in French Law? Laurence Brunet & Sonia Desmoulin 79 The Valladolid Controversy Revisited: Looking Back at the Sixteenth-Century Debate on Native Americans While Facing the Current Status of Human Embryos Agustín Parise 107 The Protection of Genetic Identity Laura Maria Franciosi & Attilio Guarneri 139 Rethinking Civil-Law Taxonomy: Persons, Things, and the Problem of Domat’s Monster Eric H. Reiter 189 Robert Anthony Pascal: Writings About Law, 1937-2008 215 AVANT-PROPOS Olivier Moréteau∗ This publication is part of the revival of the Center of Civil Law Studies (CCLS) at the Louisiana State University Paul M. Hebert Law Center. Two projects, started in the year 2006, the year of the Centennial of the Law Center, are coming to fruition with this Number One volume of the newly created Journal of Civil Law Studies, coming out at the close of 2008, the year of the Bicentennial of the Louisiana Civil Code. The first project was the creation of a new Journal, devoted to comparative studies, with a focus on the civil law and the common law traditions, bijuralism being what makes LSU so special and unique in the United States academic world. This Journal is intended to promote a multidisciplinary and pluralistic approach, and to focus on the following themes: - The evolution of the law in mixed jurisdictions, chiefly Louisiana; - The evolution of the civil law in an English speaking environment; - The impact of globalization on the evolution of the civil law and the common law; - The impact of the civil law and the common law outside the western world and their interrelation with other legal traditions; - Bridging the divide between civil law and common law in the American hemisphere and in the European area; and - The combination of the civil law and common law traditions in the harmonization and unification processes, with a focus on linguistic issues. First named Journal of Bijural Studies, the project has been renamed Journal of Civil Law Studies (JCLS), to mark its close connection with the CCLS and also the universal character of the ∗ Professor of Law, Russell B. Long Eminent Scholars Academic Chair, Director of the Center of Civil Law Studies, Paul M. Hebert Law Center, Louisiana State University; formerly Professor of Law, Université Jean Moulin Lyon 3 and Director of the Edouard Lambert Institute of Comparative Law. 2 JOURNAL OF CIVIL LAW STUDIES [Vol. 1 civil law, which never grew in an insulated way but in constant relationship with other legal traditions. The JCLS is published electronically, and yet it is laid out and referenced exactly like a traditional hard-copy journal. English is the main language, but articles may be submitted and published in French or in Spanish with an abstract in English. The JCLS is peer-reviewed. The Board of Editors is composed of distinguished comparatists from all over the world, mostly civilians with a strong knowledge of the common law systems but also common law jurists with civil law experience, and in any case, scholars with a strong expertise and interest in mixed jurisdictions. Room is made for student participation. Volume One was carefully edited by a group of Graduate Editors, selected among LSU talented and devoted LL.M. students. Every year, there will be at least two volumes. One of them will function like a regular journal, with articles, review of normative documents and cases, and book reviews. Another volume will publish the papers of the annual Civil Law Workshop. The second major project inaugurated in 2006 is the creation at the CCLS of an annual Civil Law Workshop Series, focusing every year on a broad topic, based on the civil law but to be treated with large comparative and interdisciplinary perspectives. At every session, the contributor is invited to make a presentation, followed by an open discussion. All this takes place in a relaxed, congenial atmosphere, with drinks being served. The Civil Law Workshop is open not only to the legal community, but also to attendees that are interested in interdisciplinary studies. It is hoped that in the years to come, the Civil Law Workshop will attract a broader and more diverse audience. Credit must be given to my friend and former LSU colleague Michael McAuley, who introduced me to the workshop experience conducted at McGill University Faculty of Law, under the leadership of a great supporter of the CCLS revival, Professor, now Dean, Nicholas Kasirer. Nothing would have been possible without the trusting support of former Chancellor John Costonis and present Chancellor